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Clayton Utz IP

Clayton Utz has one of Australia’s largest and most experienced specialist intellectual property (IP) and information technology (IT) practice groups. Their intellectual Property and IT group lawyers assist clients with all aspects of intellectual property law, including patents, trade marks, copyright, registered designs, confidential information, data protection, electronic circuit layouts and plant breeders’ rights.

“Many large corporations, government organisations and big international brands operating in Australia turn to the excellent IP practice at Clayton Utz for advice on commercialising and protecting their brands and intellectual property portfolios.” Asian In-House Handbook

“head and shoulders above the rest, both at senior partner level and below. They are extremely efficient, pull out all the stops and work all hours to get the job done.” [Client quote] “IT outsourcing and hi-tech commercial work are clear areas of expertise for the team.” Chambers Global, Guide to the World’s Leading Lawyers

“Across the board Clayton Utz has a leading industry practice, with considerable depth and strength encompassing regulatory, IP and product liability issues.” Global Counsel Life Sciences Super League

“…the formidable team at Clayton Utz, attracting an extensive and palatable list of clients and high-profile matters.” Asia Pacific Legal 500

“a leading firm for intellectual property.” Chambers Global, Guide to the World’s Leading Lawyers

Clayton Utz acts for Adidas, Apple, Remington and Kellogs.

IP Partners at Clayton Utz

Ian Bloemendal
Jeremy Charlston
John Collins
Jonathan Corby (Special Counsel)
Robert Cutler
Brian Elkington
John Fairbairn
Philippa Hore
Mark Krenzer (Special Counsel)
Chris McLeod
Richard Morrison
Simon Newcomb
Anna Sharpe
Mark Sneddon
Mary Still
Alexandra Wedutenko


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Trade mark infringement: who can provide consent?

Robert Cutler and Timothy Webb of Clayton Utz review the Brother Industries Ltd v Dynamic Supply Pty Ltd decision considering establishing consent as a defence to trade mark infringement.

It is a defence to infringement of a registered trade mark if the trade mark is applied to goods or services with the consent of the owner of the trade mark. According to Robert Cutler and Timothy Webb, the Federal Court decision has confirmed that consent must be obtained from the registered owner of the trade mark in Australia. The fact that goods to which a trade mark has been applied have been sourced from a related entity or member of the same corporate group as the Australian registered trade mark owner will not be sufficient to give rise to an implication, for the purposes of the defence, that the importer or seller of the goods has the necessary consent.

Australian Intellectual Property Law Bulletin (2008) 20(7)


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